The first thing you should do is make your neighbour aware of the situation and try to find a solution. It may be that there’s a simple fix for the problem or that the neighbour was unaware of the problem in the first place because they are not home during the day. Do not injure the animal in any way, you will be in the wrong and could find yourself in trouble if your neighbour decides to take legal action. Animal cruelty is illegal and can be prosecuted in a court of law.
If you cannot come to a solution and you live in a complex or estate, then contact the Body Corporate and Home Owners’ Association, they will have their own rules for dealing with these matters. This often involves fining the owner of the problematic dog.
If you’re in a residential area or the body corporate can’t help you, then you will need to lodge a complaint with your local municipality. If they deem the issue worth investigating, they will send an Environmental Health Practitioner to look into things. If they decide that the dog is causing a nuisance as defined in the by-laws, they may order the owner, in writing, to remove the dog from the place where it’s being kept. They can also order that the dog is impounded.
There is also the option of going to the courts and making an application for an interdict to prevent the neighbour from allowing the dog to cause further nuisance. The law does protect your right to the undisturbed use and enjoyment of your property, but you should be careful of bringing matters like this to the courts – if the court finds that the situation could have been resolved amicably or with alternative measures, you could find yourself incurring unnecessary costs.
Tips:
- Talk to your neighbour first, try find an amicable solution.
- Do not take the law into your own hands. If you injure the neighbour’s dog, you will be in the wrong.
- Check your municipality’s by-laws to understand how they can help you. Each municipality will have its own set of by-laws.
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* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.